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Some Topics and Learning Objectives for Second Amendment Courses

Posted by on July 11, 2019

An enjoyable feature of teaching Second Amendment is the flexibility and variety of possible approaches. A professor can use a wide variety of materials, depending on learning objectives. Social science, current policy debates, and political philosophy are easily included, if one wants. I use our textbook Firearms Law and the Second Amendment. It aims to […]

Scholarship Highlight: Gouzoules on “The Diverging Right(s) to Bear Arms”

Posted by on June 28, 2019

Alexander Gouzoules has posted on SSRN an interesting new piece, “The Diverging Right(s) to Bear Arms: Private Armament and the Second and Fourteenth Amendments in Historical Context,” which was just published in the Alabama Civil Rights & Civil Liberties Law Review. It is well worth a read for anyone interested in historical understandings of the […]

Miniseries, Part III – Felons and Persons with a Mental Impairment

Posted by on June 27, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Felons Were bans on convicts possessing firearms “unknown before World War I?”

Miniseries, Part II – Disarmament of those Disaffected to the Cause of America

Posted by on June 26, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Who was disarmed at the time of the founding?

Miniseries, Part I – A Brief Overview of Laws Addressing Nonresidents and Aliens

Posted by on June 25, 2019

[Ed. Note: As we discussed here, this post is part of a three-part series on gun laws in the Center’s Repository of Historical Gun Laws, written by Center research assistant Catie Carberry. This post, like the Repository, is exemplary and not exhaustive.] Are laws banning aliens from keeping guns a “post-World War I phenomenon?”

Mini-Series on Historical Gun Laws: Felons, Foreigners, and Others Deemed Dangerous

Posted by on June 24, 2019

This week, we’re fortunate to have a three-part series by one of the Center’s excellent summer research assistants, Catie Carberry. Catie’s posts will provide an overview of the historical gun laws in the Center’s Repository of Historical Gun Laws, the largest publicly available single-site compilation of historical regulations of firearms. The Repository is the result […]

“Presumption of Constitutionality”

Posted by on June 21, 2019

On Thursday, in American Legion v. American Humanist Association, the Supreme Court held that a Latin cross installed over ninety years ago on public land to commemorate fallen World War I soldiers did not violate the Establishment Clause.    In doing so, Justice Alito, writing for the plurality, shied away from the much-criticized Lemon test and […]

Forging Con Law Through a Gun Regulation Lens

Posted by on June 19, 2019

In reading the Supreme Court’s recent double-jeopardy opinion, Gamble v. United States, it struck me just how many major constitutional law cases involve guns and guns laws, even if sometimes at the periphery. Gamble, for instance, complained that his state law conviction for being a felon in possession of a firearm precluded his indictment under […]

Dangerous, Unvirtuous Felons and the Scope of the Second Amendment

Posted by on May 29, 2019

In Kanter v. Barr, decided this March, the Seventh Circuit rejected a non-violent felon’s as-applied challenge to 18 U.S.C. § 922(g)(1), which prohibits those convicted of (nearly) all felony offenses from possessing firearms for life. The majority decision, and the dissent, highlight a fraught debate about the historical justification undergirding these types of prohibitions.